STATE OF GUJARAT Vs. VITHALBHAI LAXMANBHAI PATEL

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 21. 1. 1992 passed by the learned Special Judge, Bharuch, in Special Case No. 1 of 1986 whereby the respondent - accused has been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under:

(3.) HEARD learned APP Mr. R. C. Kodekar on behalf of appellant State and learned Advocate, appearing, on behalf of respondents accused. It was contended by learned APP that the judgment and order of the Special Judge is against the provisions of law; the learned Special Judge has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. He has also contended that the learned Judghe has erred in considering the theory of self defence put-forward by the accused No. 1; He has also contended that once the accused was found with the muddamal notes, it was the burden on the accused to explain the presence of muddamal notes and in absence of any satisfactory explanation the accused was required to be convicted. 3. 1 Learned Advocate for the respondents accused has supported the Judgment of the Court below. He has contended that the learned Judge has not committed any error in his Judgment.